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U.S. Reiterates Restrictions on Cuba Educational Trips

In
March of this year, the United States Department of Treasury issue a statement
entitled, “Advertising Educational Exchange Travel to Cuba for People-to-People
Contact.”As the title indicates,
the article addresses advertisements by the steadily growing industry of
companies that take U.S. citizens to Cuba for “educational” purposes.But the article also points out the
requirements that such entities must follow, and hints that some of these
companies might be violating the law.

Addressing
advertisement as the issue seems a little odd, but apparently somebody
complained about the plethora of advertisements rather than the increased
travel.The memorandum states that “persons subject to U.S. jurisdiction” are not
prohibited “from designing or accepting an advertisement related to licensed
Cuba travel and publishing the advertisement in any medium, including providing
a link to the website of the licensed organization (the “Licensee”) whose
services are being advertised.” The memorandum then contains a long paragraph
regarding legal advertisements offering such travel opportunities, and states
that the licensee can advertise, but restricts non-licensed parties from
advertising for a licensed party .For example, a non-licensee cannot collect funds for travel or be paid a
referral fee.

Organizations
that that take tours of U.S. based persons to Cuba must be licensed to do so
pursuant to U.S. law.The article
states that “These licenses authorize individuals
to engage in travel-related transactions involving Cuba that are incident to
engaging in educational exchanges not involving academic study pursuant to a
degree program provided these exchanges take place under the auspices of an
organization that sponsors and organizes such programs to promote people-to-people
contact.”

The memorandum addresses the
requirements that the licensee must follow.The restrictions are aimed at the Licensees, and the focus
of their advertisements; it does not address what the participants actually do.
A prospective participant should realize that the ads that do not talk about
tourist activities and off-hour activity does not mean there will be no such
activities.

The memo states, “…each traveler must
have a full-time schedule of educational exchange activities that will result
in meaningful interaction between the travelers and individuals in Cuba.
Advertising travel that appears to deviate from this requirement may prompt
contact from OFAC [the Treasury’s Office of Foreign Assets Control] to ensure
that the people-to-people travel meets applicable requirements and thereby
complies with current U.S. policy with respect to purposeful travel to Cuba.
Advertisements for people-to-people travel that give the appearance that trips
will focus on activities travelers may undertake off hours after their daily
full-time schedule of people-to-people activities may give an incorrect
impression and prompt contact from OFAC that may potentially result in a
license suspension while we investigate. OFAC does not authorize
transactions related to activities that are primarily tourist-oriented,
including self-directed educational activities that are intended only for
personal enrichment….”

It concludes with a statement that “Licensees
that fail to meet the requirements of their licenses may have their licenses
revoked or be issued a civil penalty, which can range up to $65,000 per
violation.”

The Miami Herald’s May 15, 2012
Article titled U.S. Changes Requirements for Some Cuba Trips, by Juan O.
Tamayo, states that complaints “have dogged the program since
President Barack Obama approved it last year in a bid to increase Americans’
engagement with regular Cubans.

Sen.
Marco Rubio, R-Fla., drew laughter during a speech in Washington last year when
he read the schedule for one such trip, showing salsa dancing sessions every
night. Other tours have met with Cuban government ministers and even a daughter
of ruler Raúl Castro.”

The article quotes Rubio as saying, “…I
still have concerns about the program in general, because it is difficult to
manage and avoid abuses.”

The article also quotes a Treasury
spokesman, who said the additional restrictions were issued “in part because of reports we
received.” We wonder who was complaining: other licensees, customers, the anti-Castro exile groups, or who.